Night differential (373,-666)

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Keywords: Night differential
Total judgments found: 2

• Judgment 2972

  
  110th Session, 2011
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "It was recognised in Judgment 666 that 'an allowance may form an essential part of the official's contract [...] and its abolition would therefore constitute breach of [an] acquired right'. However, it was also said in that case that an official 'has no acquired right to the actual amount of the allowance or to continuance of any particular method of reckoning it. Indeed, he must expect these to change as circumstances change'."

  Reference(s)

  ILOAT Judgment(s): 666
  

  Keywords:

  acquired right; allowance; amount; contract; night differential; payment; terms of appointment;
  

  
  
  

• Judgment 349

  
  40th Session, 1978
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 27

  Extract:

  The organisation was in breach of contract in that it failed to specify and pay the night work indemnity. The complainant is accordingly entitled to be paid the indemnity in full; were it not for a regulation which prescribes that claims relating to the payment of indemnities may not be raised later than six months from the date on which the staff member became entitled to raise such a claim, he would have been entitled to back payments from the time he joined the organisation. But he is thereby barred from claiming more than six months' arrears.

  Keywords:

  allowance; breach; contract; night differential; organisation; payment; time limit;